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other disturbance of the ground shall immediately be returned as closely as possible to the <br />condition which existed prior to the entry by the City. Some trimming of underbrush and branches <br />for access and line of sight surveying is allowable. No accessway to Owner's Property shall be <br />blocked either fully or partially at any time. The City will promptly reimburse Owner for any and <br />all damage to any real or personal property of Owner caused by the City's actions and/or the <br />actions of its employees, agents, consulting engineers, contractors, sub -contractors or other <br />representatives. <br />(c) The City agrees, upon the receipt of a written request, to make available to <br />Owner for inspection and copying, the final report, survey or assessment resulting from the entry <br />to the ROW Tract granted herein, including but not limited to surveys and environmental reports, <br />and any other final reports pertaining to the ROW Tract's physical condition, which are in the <br />City's possession, custody, or control. <br />(d) To the extent allowed by law, the City agrees to indemnify and hold Owner <br />harmless from any damages or other losses to Owner or third parties resulting from any acts or <br />omissions of the City and its subcontractors and agents, its employees, agents or assigns, in <br />carrying out the purposes of this Right of Entry on the ROW Tract. To the extent allowed by <br />Texas law, the City further agrees that it is responsible, to the exclusion of any such responsibility <br />of Owner, for its own proportionate share of liability for its negligent acts and omissions for claims, <br />suits, and causes of action, including claims for property damage, personal injury and death, arising <br />out of or connected to this Agreement and as determined by a court of competent jurisdiction, <br />provided that the execution of this Agreement will not be deemed a negligent act. <br />(e) This Right of Entry is irrevocable until recordation of the Dedication <br />Instrument. <br />5. Expiration. If the City is unable to satisfy the conditions and timing for dedication <br />of the ROW Tract as provided in Sections 2 and 3 of this Agreement within thirty (30) years of <br />the Effective Date, this Agreement is null and void, Owner shall be released from all obligations <br />of such dedication of the ROW Tract without any further action of the City being required, and <br />Owner shall be entitled to execute and record an affidavit or other instrument in the Hays County <br />Official Public Records to effectuate such release so that this Agreement is no longer an <br />encumbrance on title without the consent of the City being required. This provision in no way <br />prohibits or limits the City from exercising eminent domain rights granted by state law, nor does <br />it release Owner from any requirement to dedicate right-of-way in accordance with current <br />applicable regulations. <br />Miscellaneous. <br />(a) Run with the Land. The agreements, obligations, covenants, and <br />restrictions in this Agreement shall run with the Owner's Property and bind all parties having right, <br />title, or interest in or to such portion of the Property or any part, their respective heirs, successors, <br />and assigns, and which inure to the benefit of Owner. Each contract, deed or conveyance of any <br />kind conveying those portions of Owner's Property will conclusively be held to have been <br />executed, delivered, and accepted this Agreement, regardless of whether or not they are set out in <br />full or by reference in said contract, deed or conveyance. <br />